Is a conviction for vandalism reduced from a felony to a misdemeanor under section 654 of the California Code of Civil Procedure requiring a resentencing and execution of the vandalism conviction?
California, United States of America
The following excerpt is from People v. NOLASCO, B222755, No. LA060052 (Cal. App. 2011):
The felony vandalism conviction, which we have reduced to misdemeanor vandalism in part IC, ante, must be resentenced and execution of sentence stayed. (People v. Duff (2010) 50 Cal.4th 787, 796 ["[R]ather than dismissing charges or imposing concurrent sentences, when a court determines that a conviction falls within the meaning of section 654, it is necessary to impose sentence but to stay the execution of the duplicative sentence"].)
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